Tag Archives: Harvey Weinstein Ethics Train Wreck

Morning Ethics Warm-Up, 10/19/2017: Gwyneth’s Mom, Harvard’s Airbrush, Salon’s Favorite Conservatives

Yes, I KNOW it’s Thursday, but I meant to use this song yesterday, but didn’t, because I thought it was Tuesday…

GOOD MORNING!

1 We have several Ethics Train Wrecks barrelling along. The Harvey Weinstein Express is still picking up expected passengers, like Harvard University’s Hutchins Center for African and African American Research. The Executive Committee unanimously voted to award Weinstein the 2014 W.E.B Du Bois medal for contributions to African and African-American culture. In the midst of complaints by the African American community that Hollywood was slighting black artists and themes in its films, Weinstein’s Miramax studio had stood out as a notable exception.

The same professors voted Tuesday night to rescind the honor in the wake of the Weinstein’s (long-known but only recently publicly exposed) sexual predator proclivities, announcing in a statement: “We have voted unanimously to rescind the Du Bois Medal awarded to Mr. Weinstein in 2014. We stand with the women who have courageously come forward to fight for themselves and indeed for all of those who have experienced similar abuse.”

Wrong, and cowardly. What does sexual harassment have to do with African American culture? The mania among progressive missions groups to insist that only those who satisfy all broad progressive agenda mandates are worthy of any honor is why the nation’s continued celebration of Jefferson, Washington and other founders is hanging by a thread. Did Weinstein deserve the award in 2014? Yes, I assume. Has anything changed regarding the producer’s contributions to black culture through his movies? No.

I covered this substantially identical situation here, in 2015. Continue reading

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Your Harvey Weinstein Ethics Train Wreck Update, With The Ethics Quote Of The Week From Screenwriter Scott Rosenberg

In 2009, after fugitive cinema auteur/child rapist Roman Polanski was arrested by Swiss police following a request by the U.S. Justice Department that he be extradited to serve his sentence, Harvey Weinstein authored an op-ed arguing  that  “Roman Polanski is a man who cares deeply about his art and its place in the world.” The article dismissed Polanski’s rape and sodomizing of a 13-year-old actress as “a so-called crime.”

 Weinstein then signed am infamous petition for Polanski, along with many Hollywood celebrities.

Last week, Academy Award-winning British actress Emma Thompson appeared on the BBC to  denounce Weinstein’s conduct.  Newsnight’s Emily Maitlis asked her, since she felt so strongly about sexual assault, why she had signed the Polanski petition.

No, I have not heard or read that any U.S. journalist has had the courage or integrity to ask the question of other actresses who have similarly flip-flopped.   Thompson she said she had signed “without really thinking about it . . . I had been absolutely bamboozled by my respect for his art.”

Sure. Emma, that explains it What woman doesn’t sign a “Forgive the rapist” petition without thinking about it?

2.  Hollywood Screenwriter Scott Rosenberg took to Facebook to post a provocative exposition on his early days at Weinstein’s Miramax Films, with a tough kicker: “Everybody fucking knew.” If everybody fucking knew, is it really believable that the Clintons, the Obamas, the other Democrats who gleaned millions from Harvey and Harvey’s connections, and the journalists that never exposed him at the cost of undermining their favorite party didn’t know?

No. It isn’t believable.

Here’s Rosenberg: Continue reading

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Morning Ethics Warm-Up, 10/16/2017: SNL, NFL, Collusion, Gossip, And Bribery

Good Morning.

1 Why am I only now getting around to today’s Warm-Up? It is because I spent more than 8 hours over the weekend, and three hours this morning, writing a Motion to Dismiss in response to a ridiculous, retaliatory, vindictive lawsuit by a pro se litigant with a grudge. The complaint has no legal cites, because no legal authority supports its claims. I, however, have to cite cases to show why the Complaint is completely without merit. Since the Complaint is a brain-rotting 18 pages, I have to carefully redact it to have a prayer of meeting the 20 page limit for motions. Even then, there is no guarantee that this won’t drag on for months.

No penalty will be exacted on the plaintiff for filing this spurious and groundless law suit. To do so would chill the right of citizens to seek justice and redress for wrongs through the courts. Thus the underlying objective of the suit will be accomplished: to force me to expend time and effort that I have far better uses for. Ethics Alarms readers are affected, my family is effected, my work is affected, my enjoyment of life is affected, and, of course, the system and the taxpayers who fund it are affected. This is an abuse of the system, but one that cannot and must not be impeded.

2. Does anyone have a theory about why the bribery trial of Democratic Senator Bob Menendez has received minimal mainstream media coverage that does not show bias? When Abscam was going on, the trials of the various members of Congress caught in a bribery sting were front page, Evening News headlines for weeks. The only U.S. Senator tried (and convicted) was a Democrat Harrison Williams. Has the news media become that much more partisan since the Reagan Administration?

3. As expected, exiled NFL kneeler (first) and quarterback (second) Colin Kaepernick has filed a grievance accusing NFL teams of colluding to prevent him from getting a contract with any team this season.

We’ve been here before. This is the Barry Bonds scenario all over again. Bonds, the definitive ethics corrupter in Major League Baseball and a flagrant steroid cheat and liar, was not resigned by the San Francisco Giants after the 2007 season. He was 42, but his season had been productive, with a 1.o45 OPS, close to the best in the game. I wrote an article for The Hardball Times arguing that Bonds would not be signed, because doing so would permanently scar any team that accepted him, injure the team’s culture, corrupt its young players, and wound baseball itself. The invective hurled at me and my article by sportswriters and readers was unrelenting. ESPN’s Keith Law said that my essay made anyone who read it stupid. MLB’s satellite channel’s hosts laughed about the idea that teams cared about such matters as integrity. Bonds, however, was not signed, and never played again. While he and his defenders claimed collusion among the owners, no evidence appeared. Continue reading

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Morning Ethics Warm-Up, 10/14/17: Too Much Liberty, Too Much Precision, Too Much Success, Too Much Posturing, And More

Good Morning!

1 Today I’m going to have to waste several hours responding to a vexatious and retaliatory lawsuit by an Ethics Alarms commenter. It’s remarkable I’ve been able to avoid this annoyance for so long, I suppose, but annoyance it is. I’ve been threatened with a few lawsuits, and served once before, in that case by a lawyer who was angry that I described his ridiculous law suit against a Hollywood film as ridiculous.

The misuse of the legal system to harass and extort is an expensive price we all pay for living in a democracy that agrees with Clarence Darrow that in order to have enough liberty it is necessary to have too much. Our prices are higher, our medical expenses are inflated, and other rights, like freedom of expression, are constrained by the nation’s commitment to let common people, and often common people with unethical motives, have easy access to the courts to address their grievances, real, imagined or manufactured. I support this without reservation, , but it is no fun being the victim of it.

2.  It is a common refrain in resistance circles and the social media echo chambers that President Trump “isn’t doing anything.” That is hardly the case, and like a lot of anti-Trump rhetoric, is intentional disinformation. Since the anti-Trump collective spends all of its time trying to devise ways to somehow un-elect him—the 25th Amendment nonsense in back in the news—-while focusing on his tweets, his boorishness,  his feuds, and what he hasn’t done, they ignore the fact that Trump’s administration has been remarkably productive in addressing the issues that helped elect him. The U.S. is no longer wink-winking about illegal immigration. It is undoing the Obama policy of issuing restrictive energy regulations to signal concern over climate change that won’t have any measurable effect on climate change. The disastrous “Dear Colleague” please start assuming all male college students accused of sexual assault are guilty letter is gone and unlamented. We are not being bullied by little North Korea any more. Regulations of all kinds are being cut back. He is remaking the judiciary, pointing it away from judicial activism. Consumer confidence is high, and the stock market is soaring.

All of this has taken place in less than a year. The wisdom of many of these measures can be debated, and progressives hate all of it, but that’s irrelevant. There is much to criticize President Trump for, and much to deplore about his long and short-term effects on his office and the culture. Not accomplishing his stated goals, however, is not one of his flaws.

3. The Washington Nationals, who have morphed into the post 1986 Boston Red Sox as the team that always finds a way to miss winning the World Series, were eliminated in the National League Division Series with the assistance of many flukey plays that went against them. Particularly galling was when an 8th inning Nats rally was cut short in the fifth and decisive game against the Chicago Cubs because Washington’s second-string catcher was picked off first base with the potential game-tying run in scoring position. Jose Lobaton—now a name that will live in D.C. infamy–looked safe on TV and was called safe by the umpire when a snap throw to first by Cubs catcher Wilson Contreras caught him taking too big a lead. A slow motion review of the instant replay, however, showed that Lobaton’s  foot came off the first base bag for a nanosecond while Cubs first baseman Anthony Rizzo still had the tag on him. The naked eye would never have caught it. Still, if a runner is tagged while not on a base, he’s out.

On the NBC Sports website, blogger Bill Baer argued that this was a misuse of instant replay, writing in part,

“I]t feels unfair to use replay review in this manner. Both teams’ success or failure hinged on Lobaton’s foot coming off of the bag for one-sixteenth of a second. It’s a technicality, like coming back to your car at 10:01 only to see the meter maid walking away and a ticket on your windshield.

The spirit of replay review wasn’t about microscopic technicalities, it was about getting certain calls right: home run/not a home run, fair/foul, safe/out (in other areas, obviously, given this argument). Major League Baseball should greatly consider amending the rules to make it so that a player simply returning to the bag is grounds to be called safe, ending the pedantry of these types of reviews.”

This reminds me to add “It’s just a technicality” to the rationalizations I haven’t gotten around to adding to the Ethics Alarms list. (This makes four.)  It may feel unfair to enforce the rules, just like it feels unfair when you flunk the written test to get a license by one question, or get a ticket when you were driving just a little over the speed limit, or win the popular vote and still don’t get to be President because of the Electoral College. The “spirit of replay review” was to get calls right based on what really happens, not based on what the umpire saw or what he thought happened. Not “certain calls”: there’s no virtue in a wrong call that was just a little wrong. The difference between safe and out isn’t small or technical in baseball. It is everything. Lobaton was out, and it isn’t anything but a benefit to the integrity of baseball that he was finally called out. Continue reading

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Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, EF and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading

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Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading

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Morning Ethics Warm-Up, 10/11/2017: Words, Debt, And Costumes

Good morning from Richmond, Va.!

1 Passengers keep piling onto the Harvey Weinstein Ethics Train Wreck:

  • Fashion designer Donna Karan, questioned about Weinstein at an event, said in part:

“I also think how do we display ourselves? How do we present ourselves as women,” Karan said to the Daily Mail. “What are we asking? Are we asking for it by presenting all the sensuality and all the sexuality?”

Then she pointed to Weinstein’s achievements, and said Weinstein and his wife were “wonderful people.”

(Note to the designer: men who use their power to harass and assault women are not wonderful people by definition.)

After the predictable response to these idiotic comments, Karan protested that her quote was taken out of context, as if the context wasn’t Harvey Weinstein, and issued a low level apology that could only mean, “I’m deeply sorry I said something in public that reveals the miserable level of my values.”

  • Lindsay Lohan, currently in exile in Great Britain and Dubai, used social media to remind her fans in the US that she is, after all, a moron, writing on Instagram,

“I feel very bad for Harvey Weinstein right now. I don’t think it’s right what’s going on….He’s never harmed me or did anything to me – we’ve done several movies together.I think everyone needs to stop – I think it’s wrong. So stand up.”

One of the real benefits of social media is that it reveals the total lack of ethics comprehension, reasoning ability and life competence that inflict so much of the public, including celebrities. With clarity of thought like that, is there any mystery regarding how the once rising star managed to mangle her career despite beauty, talent, and early success?

  • NBC was presented with the Weinstein story before it was broken by the New York Times, says Ronan Farrow, the author of a new Weinstein investigative piece in The New Yorker. The network hasn’t said why. Does it have to? Weinstein was close to both the Clintons and the Obamas, and the scandal directly implicates the Democratic party and its core supporters….like NBC. It is fascinating to watch cable and network anchors and guests desperately try to analogize Weinstein to President Trump, but the Hollywood mogul was enabled by self-righteous liberals and was given the King’s Pass (with an assist from the Saint’s Excuse) because he gave to Planned Parenthood and Hillary, making him, in Donna Karan’s words, “wonderful” by definition. The analogy is Bill Clinton, of course, and any journalist who refuses to acknowledge that has confessed crippling partisan bias.

2. This brings us to a quote by blogger Ann Althouse:

“My hypothesis is that liberals — including nearly everyone in the entertainment business — suppressed concern about sexual harassment to help Bill Clinton. Giving him cover gave cover to other powerful men, and the cause of women’s equality in the workplace was set back 20 years.”

Her hypothesis is correct, and I said so when the liberals, feminists, abortion zealots, artistic community and others circled their wagons around Clinton during the Lewinsky scandal. This is one reason why Hillary’s campaign stance as standard-bearer for women’s rights and victims of sexual assault was so grotesque.

Here’s another quote from Althouse that I like:

“Who are the women who accepted the deal as offered by Harvey Weinstein? Will their names be kept out of the press? Should they?…

…So much silence facilitating so much harm! Should the women who took the bargain and got what they wanted out of it be regarded as victims and entitled to keep their names secret, or are they part of a system that hurt many others, and subject to outing.”

I’ve answered this question in various comments on previous posts, much to the unhappiness of readers who believe that victims who remains silent and thus allow evil to continue shouldn’t be criticized. The women are part of the system, and accountable. Continue reading

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